SUMMARY
The functions of the Ombudsman acting as National Preventive Mechanism (NPM) concern
application of the Optional Protocol to the UN Convention against Torture and the 2012
amendments to the Ombudsman Act. NPM annual reports assess human rights protection in
places of detention and target national and international organisations working to protect
detainees, civil society and all professionals involved with the protection of detainees’ rights.
The 2015 report is premised on on-the-spot inspections, monitoring, inspected documents,
meetings and interviewes with detainees and staff in places of detention.
Conditions in some places continue to be deplorable, while in other monitored areas progress
and positive changes have been established. This progress is a result of the independent
monitoring and work by the NPM as well as the interagency cooperation for ensuring respect for
human rights, achieving the goals set forth in international and domestic law and improving its
application in practice.
In 2015 the Ombudsman acting as NPM conducted inspections in 66 places of detention to
monitor follow up of its recommendations made during previous inspections.
І. PROTECTING MIGRANTS AND ASYLUM-SEEKERS. MONITORING FORCED RETURN OF
MIGRANTS
In the last three years the Ombudsman acting as NPM has been monitoring and analyzing the
development of refugee and migration processes in Bulgaria. The NPM published two thematic
reports in 2014 and 2015 on the problems regarding refugees and migrants in the country.
Unfortunately many of the recommendations concerning systemic problems of these vulnerable
persons have not been taken into account by the responsible administrative authorities and
problems persist instead of being resolved.
In relation to the protection of migrants and asylum-seekers, we inspected the reception and
accommodation of foreign nationals in the distribution centre in Elhovo and the Special Centres
for Temporary Accommodation of Foreigners (SCTAF) with the Migration Directorate. The
operation of the Elhovo distribution centre is not regulated in any law or bylaw, which continues
to be a major problem. A number of serious issues remain unresolved: overcrowding in the
distribution centre, deterioration of material conditions and medical care in the SCTAFs, lack of
interpreters, and continuing placement of families with children in the SCTAFs.
ACCOMMODATION AND REGISTRATION OF ASYLUM-SEEKERS IN THE CENTRES OPERATED BY
THE STATE AGENCY FOR REFUGEES WITH THE COUNCIL OF MINISTERS
During its inspections of the regional units of the State Agency for Refugees (SAR), NPM
established overcrowding, poor material conditions and deficient medical care. Although there
are medical consultation rooms in all centres, these are not in line with the requirements set
forth in the Healthcare Establishments Act or the Healthcare Act. Problems regarding
undiversified food and lack of diet plans persist.
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